The Coalition for Reform and Democracy (Cord) has vowed to move to High Court to get the interpretation of hate speech.
They have accused the executive of using the National Cohesion and Integration Commission (NCIC) to silence the opposition.
Speaking in Nairobi on Tuesday, Siaya senator James Orengo has said that they will continue talking if what they are speaking is hate.
"We want to be categorically clear that if what Muthama and the other Cord officials are speaking is hate, then we won't stop," said Orengo.
Senator Johnstone Muthama of Machakos has been summoned by the court for the second time for his sentiments at Busia during the homecoming ceremony of area Woman Representative, Florence Mutua.
Muthama says he is not a hate monger nor tribal since his staff is not Kambas only.
He was released on cash bail two weeks ago after he was arrested and detained for four days at Pangani Police Station. He was in the company of other seven politicians drawn from across the political divide.